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CIPP-US · Question #142

SCENARIO Please use the following to answer the next question: Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada. Miraculous normally treats patients…

The correct answer is D. MedApps should promptly forward the request to Miraculous for instructions on handling. Under the California Consumer Privacy Act (CCPA), businesses are required to respond to consumer requests for access, deletion, or information about how their data is processed. However, the responsibilities differ depending on whether the entity is acting as a business or a…

Health, Financial & Marketing Privacy

Question

SCENARIO Please use the following to answer the next question:

Miraculous Healthcare is a large medical practice with multiple locations in California and Nevada. Miraculous normally treats patients in person, but has recently decided to start offering tliehealth appointments, where patients can have virtual appointments with on-site doctors via a phone app For this new initiative. Miraculous is considering a product built by MedApps, a company that makes quality teleheaith apps for healthcare practices and licenses them to be used with the practices" branding. MedApps provides technical support for the app. which it hosts in the cloud. MedApps also offers an optional benchmarking service for providers who wish to compare their practice to others using the service. Riya is the Privacy Officer at Miraculous, responsible for the practice's compliance with HIPAA and other applicable laws, and she works with the Miraculous procurement team to get vendor agreements in place She occasionally assists procurement in vetting vendors and inquiring about their own compliance practices. as well as negotiating the terms of vendor agreements. Riya is currently reviewing the suitability of the MedApps app from a privacy perspective. Riya has also been asked by the Miraculous Healthcare business operations team to review the MedApps' optional benchmarking service. Of particular concern is the requirement that Miraculous Healthcare upload information about the appointments to a portal hosted by MedAppsa. If MedApps receives an access request under CCPAfrom a California-based app user, how should It handle the request?

Options

  • AMedApps should immediately begin deleting the user's data.
  • BMedApps should provide the privacy notice in an easily readable format
  • CMedApps should decline the request because MedApps is not based In California.
  • DMedApps should promptly forward the request to Miraculous for instructions on handling.

How the community answered

(56 responses)
  • A
    2% (1)
  • B
    7% (4)
  • C
    13% (7)
  • D
    79% (44)

Explanation

Under the California Consumer Privacy Act (CCPA), businesses are required to respond to consumer requests for access, deletion, or information about how their data is processed. However, the responsibilities differ depending on whether the entity is acting as a business or a service provider under the CCPA. Key CCPA Definitions: The entity that determines the purposes and means of processing personal information. In this scenario, Miraculous Healthcare is the business because it determines how the app and its associated data are used to deliver healthcare services. Service Provider: The entity that processes personal information on behalf of the business pursuant to a contractual MedApps acts as a service provider because it is hosting and managing the app and the data on behalf of Miraculous Healthcare. As a service provider, MedApps is restricted in how it can handle consumer data and must follow the instructions of the business (Miraculous Healthcare) for any data-related requests. Therefore, if MedApps receives an access or deletion request from a California-based user, it must forward the request to Miraculous Healthcare, which is responsible for determining how to respond in compliance with the CCPA.

Topics

#HIPAA#business associate#CCPA#data deletion request

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